United States v. Roberson

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT June 21, 2006 Charles R. Fulbruge III Clerk No. 04-41208 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus FELICIA ROBERSON, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 2:04-CR-4-TJW-CMC -------------------- Before STEWART, DENNIS, and OWEN, Circuit Judges PER CURIAM:* Felicia Roberson appeals from a guilty-plea conviction for possession of cocaine base with intent to distribute and for aiding and abetting in the offense. See 21 U.S.C. § 841(a)(1); 18 U.S.C. § 2. For the first time on appeal, Roberson argues that the district court erred in imposing a sentence under a mandatory guideline scheme, in violation of United States v. Booker, 542 * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 04-41208 -2- U.S. 220 (2005). We review for plain error. See United States v. Valenzuela-Quevedo, 407 F.3d 728, 732 (5th Cir.), cert. denied, 126 S. Ct. 267 (2005). Roberson has not shown that the district court would have sentenced her differently under an advisory sentencing scheme. Accordingly, Roberson has failed to show that the district court’s imposition of a sentence under a mandatory guideline scheme was plain error. See id. at 733-34. AFFIRMED.